Madhya Pradesh High Court
Sarpanch, Grampanchayat Gotitoriya ... vs The State Of Madhya Pradesh Judgement ... on 6 January, 2014
1
Writ Petition No. 22422/2013
6.1.2014
Shri M.L. Sharma, learned counsel for petitioners.
Shri S.S. Bisen, learned Government Advocate for
State of M.P. on advance notice.
Heard on admission.
Sarpanch and Secretary, Gram Panchayat, Gotitoriya
(Chargaon Khurd), Tehsil Gadarwara, District Narsinghpur
calls in question the demand notice issued by the Additional
Tehsildar, Chichli, calling upon the Gram Panchayat to
deposit the amount Rs. 66,000/-.
The impugned demand as apparent from the pleadings
is based on the decision by the labour Court Narsinghpur on
an application filed by Respondent No. 6 Deoki Bai under
Payment of Wages Act, 1936 claiming wages for the period from April 2010 to February, 2012. The labour Court vide its order dated 9.1.2013 allowed the application and besides directing the payment of wages for 22 months from April 2010 to February, 2012 @ Rs. 1000/- per month has ordered for three times penalty thereon.
Petitioners submit that the Panchayat is not liable for the payment, as respondent No. 6 was an employee of respondent No. 4 and 5, which are self help groups who were allotted the work of distribution of Midday Meal. While not disputing that Gram Panchayat though was impleaded as respondent, but it was only a proforma party. No material, however, has been commended at to establish that the labour Court treated the petitioner Gram Panchayat a proforma party nor the petitioner is able to demonstrate that 2 the order passed by labour Court excluded the petitioner Gram Panchayat.
In view whereof since the order passed by the labour Court in the Case No. 4/PW Act/Mis./2013 on 9.3.2013 has not been assailed and a fall out i.e., the demand notice, being an execution thereof cannot be interfered with.
The petition being devoid of substance is dismissed. However, no costs.
(SANJAY YADAV) JUDGE VKV/-